Henderson v. New York Life Ins.

*49This case involves the right of Matthew A. Henderson to recover a judgment against the New York Life Insurance Company, the basis of the action being a policy of insurance which insured Henderson in the event he became totally and permanently disabled.

The issue was tried to a jury in the circuit court resulting in a verdict for the plaintiff. At the close of the plaintiff’s case (the defendant offered no evidence) the defendant moved the court for peremptory instructions on the ground that “there is no evidence upon which a verdict could be predicated in favor of the plaintiff and against the…